In a chicken-and-egg type of case, an unusual case, the Third Circuit has emphatically held a Judge taking over a class action case must deal with the threshold issue of
Continue Reading Trial Before Certification in FLSA Class Action Case?—Third Circuit Says No Way!
Rule 23
Inadequacy Of Class Counsel Undermines Certified Class: Defense Counsel Must Always Be Looking For A Way Out
By Mark Tabakman on
I read an interesting article in the Morrison & Foerster blog the other day about a case where a class was de-certified because it appeared there was a problem with…
Continue Reading Inadequacy Of Class Counsel Undermines Certified Class: Defense Counsel Must Always Be Looking For A Way Out
Third Circuit Rules on Two Class Actions in Same Decision and Opines on Doctrine of Pendant Jurisdiction
By Mark Tabakman on
In a very interesting and off-beat decision, the Third Circuit has thrown out one class of loan officers who alleged misclassification but let stand the lower court’s decision that certified…
Continue Reading Third Circuit Rules on Two Class Actions in Same Decision and Opines on Doctrine of Pendant Jurisdiction
Collective Action On Automatic Lunch Deductions Settles: We’ve Seen This Before (Many Times)
By Mark Tabakman on
Many employers these days have timekeeping systems that deduct time (e.g. thirty minutes) for lunch on a daily basis. There is an inherent danger in doing this, as employees may…
Continue Reading Collective Action On Automatic Lunch Deductions Settles: We’ve Seen This Before (Many Times)
Decertification of a Class and Rejection of Another Class in the Same Case: The Daily Double!
By Mark Tabakman on
This is an interesting case because it combines the elements of necessary, but not proven, commonality of situation for class certification and a quirky element of overtime calculation based on…
Continue Reading Decertification of a Class and Rejection of Another Class in the Same Case: The Daily Double!